Miguel Zacarias v. MATTHEW G. WHITAKER, Acting Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MIGUEL ZACARIAS,
Petitioner,
v.
MATTHEW G. WHITAKER, Acting
Attorney General,
Respondent.
No. 18-70266
Agency No. A087-716-227
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 15, 2019**
Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.
Miguel Zacarias, a native and citizen of Guatemala, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for withholding of removal
and relief under the Convention Against Torture (“CAT”). We have jurisdiction
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JAN 18 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-70266
under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual
findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny
the petition for review.
Substantial evidence supports the agency’s conclusion that Zacarias failed to
establish the government of Guatemala is unable or unwilling to control his alleged
persecutors. See Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th Cir. 2005)
(record did not compel conclusion that the government was unable or unwilling to
control persecutors). Thus, we deny the petition as to Zacarias’s withholding of
removal claim.
We reject Zacarias’s contention that the BIA failed to consider evidence as
to his withholding of removal and CAT claims. See Najmabadi v. Holder, 597 F.3d
983, 990 (9th Cir. 2010). Apart from his argument about the failure to consider
evidence, Zacarias does not challenge the agency’s denial of his CAT claim.
PETITION FOR REVIEW DENIED.

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